IIA 

112TH CONGRESS 

1ST SESSION S. J. RES. 10 

Proposing an amendment to the Constitution of the United States relative 

to balancing the budget. 

IN THE SENATE OF THE UNITED STATES 

MARCH 31, 2011 

Mr. HATCH (for himself, Mr. LEE, Mr. CORNYN, Mr. KYL, Mr. MCCONNELL, 

Mr. TOOMEY, Ms. SNOWE, Mr. RISCH, Mr. RUBIO, Mr. DEMINT, Mr. 

PAUL, Mr. VITTER, Mr. ENZI, Mr. KIRK, Mr. THUNE, Mr. ALEXANDER, 

Mr. INHOFE, Mr. CRAPO, Mr. BURR, Mr. BARRASSO, Mr. COBURN, Mr. 

MORAN, Mr. LUGAR, Mrs. HUTCHISON, Mr. ISAKSON, Mr. BROWN of 

Massachusetts, Mr. JOHNSON of Wisconsin, Mr. GRAHAM, Mr. GRASSLEY, Mr. SHELBY, Mr. SESSIONS, Mr. MCCAIN, Mr. BOOZMAN, Mr. ROBERTS, Ms. COLLINS, Mr. HOEVEN, Mr. CHAMBLISS, Ms. AYOTTE, Mr. 

BLUNT, Mr. COATS, Mr. COCHRAN, Mr. CORKER, Mr. ENSIGN, Mr. 

JOHANNS, Ms. MURKOWSKI, Mr. PORTMAN, and Mr. WICKER) introduced 

the following joint resolution which was referred to the Committee on the 

Judiciary 

JOINT RESOLUTION 

Proposing an amendment to the Constitution of the United 

States relative to balancing the budget. 

1 Resolved by the Senate and House of Representatives 

2 of the United States of America in Congress assembled

3 (two-thirds of each House concurring therein), That the fol4 lowing article is proposed as an amendment to the Con5 stitution of the United States, which shall be valid to all 


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1 intents and purposes as part of the Constitution when 

2 ratified by the legislatures of three-fourths of the several 

3 States: 

4 ‘‘ARTICLE— 

5 ‘‘SECTION 1. Total outlays for any fiscal year shall 

6 not exceed total receipts for that fiscal year, unless two7 thirds of the duly chosen and sworn Members of each 

8 House of Congress shall provide by law for a specific ex9 cess of outlays over receipts by a roll call vote. 

10 ‘‘SECTION 2. Total outlays for any fiscal year shall 

11 not exceed 18 percent of the gross domestic product of 

12 the United States for the calendar year ending before the 

13 beginning of such fiscal year, unless two-thirds of the duly 

14 chosen and sworn Members of each House of Congress 

15 shall provide by law for a specific amount in excess of such 

16 18 percent by a roll call vote. 

17 ‘‘SECTION 3. Prior to each fiscal year, the President 

18 shall transmit to the Congress a proposed budget for the 

19 United States Government for that fiscal year in which— 

20 ‘‘(1) total outlays do not exceed total receipts; 

21 and 

22 ‘‘(2) total outlays do not exceed 18 percent of 

23 the gross domestic product of the United States for 

24 the calendar year ending before the beginning of 

25 such fiscal year. 


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1 ‘‘SECTION 4. Any bill that imposes a new tax or in2 creases the statutory rate of any tax or the aggregate 

3 amount of revenue may pass only by a two-thirds majority 

4 of the duly chosen and sworn Members of each House of 

5 Congress by a roll call vote. For the purpose of deter6 mining any increase in revenue under this section, there 

7 shall be excluded any increase resulting from the lowering 

8 of the statutory rate of any tax. 

9 ‘‘SECTION 5. The limit on the debt of the United 

10 States shall not be increased, unless three-fifths of the 

11 duly chosen and sworn Members of each House of Con12 gress shall provide for such an increase by a roll call vote. 

13 ‘‘SECTION 6. The Congress may waive the provisions 

14 of sections 1, 2, 3, and 5 of this article for any fiscal year 

15 in which a declaration of war against a nation-state is in 

16 effect and in which a majority of the duly chosen and 

17 sworn Members of each House of Congress shall provide 

18 for a specific excess by a roll call vote. 

19 ‘‘SECTION 7. The Congress may waive the provisions 

20 of sections 1, 2, 3, and 5 of this article in any fiscal year 

21 in which the United States is engaged in a military conflict 

22 that causes an imminent and serious military threat to 

23 national security and is so declared by three-fifths of the 

24 duly chosen and sworn Members of each House of Con25 gress by a roll call vote. Such suspension must identify 


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1 and be limited to the specific excess of outlays for that 

2 fiscal year made necessary by the identified military con3 flict. 

4 ‘‘SECTION 8. No court of the United States or of any 

5 State shall order any increase in revenue to enforce this 

6 article. 

7 ‘‘SECTION 9. Total receipts shall include all receipts 

8 of the United States Government except those derived 

9 from borrowing. Total outlays shall include all outlays of 

10 the United States Government except those for repayment 

11 of debt principal. 

12 ‘‘SECTION 10. The Congress shall have power to en13 force and implement this article by appropriate legislation, 

14 which may rely on estimates of outlays, receipts, and gross 

15 domestic product. 

16 ‘‘SECTION 11. This article shall take effect beginning 

17 with the fifth fiscal year beginning after its ratification.’’. 

Æ 


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